Constant v. Annucci et al
| William Constant |
| Anthony J. Annucci, Albert Prack, William Lee, Frederick Bernstein, N. Dapcevic, R. Cabral, A. Alban, B. Sturtevent, J. Markwick, B. Hess, M. Vennero, Robert Bentivegna and John and Jane Does 1-20 |
| 7:2016cv03985 |
| May 27, 2016 |
| U.S. District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Nelson Stephen Roman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
180
JUDGMENT It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Philip M. Halpern, United States District Judge, the jury having returned a verdict in favor of Defendants, and the Complaint is hereby dismissed. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/16/2022) (jca)
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Filing
171
ORDER Counsel for all parties appeared for an in-person final pretrial conference today. As set forth more fully on the record, the Court issued rulings and directed as follows: 1. A ruling as to the extant in limine issue, i.e. whether Defendants may introduce evidence pertaining to the discipline DOCCS imposed on Plaintiff as a result of the underlying events, is unnecessary as the issue was rendered moot by Plaintiff's withdrawal of Exhibit 4. 2. The parties shall file a revised jo int pretrial order, revising only pages 7, 8, and 9 of the Second Proposed Joint Pretrial Order, such that defendants may incorporate cross-designations of deposition testimony; the parties may revise the content of Plaintiffs Exhibit 12 and Defen dants Exhibit J as discussed at the conference and as agreed and consented to by the parties; and Defendants may add Exhibit P to their exhibit list as agreed and consented to by Plaintiff. 3. By October 27, 2022, the parties shall advise the Court by joint letter of any additions, deletions, or other revisions to the voir dire questionnaire and summary of the case that was circulated to counsel at the conference. 4. The parties shall advise the Court by 5:00 p.m. on October 28, 2022 what ef forts have been made to locate Foster and the status of such efforts. 5. Three sets of exhibit binders with indices shall be produced to the Court no later than October 28, 2022. 6. The parties shall appear for jury selection and trial at 9:00 a.m. on November 1, 2022 in Courtroom 520. See Transcript. SO ORDERED. (Jury Selection set for 11/1/2022 at 09:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern., Jury Trial set for 11/1/2022 at 09:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 10/24/2022) (jca)
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Filing
157
ORDER terminating 139 Motion in Limine; terminating 143 Motion in Limine. The Court held an in-person pretrial conference on September 27, 2022. Counsel for all parties appeared. As explained more fully on the record during the appearance, t he Court directs as follows: 1. With respect to Defendants' motions in limine (Docs. 139-40, 146, 152): a. the request to preclude evidence pertaining to Defendants' litigation history is granted on consent; b. the request to preclude either an exemplar baton or the actual baton allegedly used in the underlying events is granted on consent; c. the request to admit evidence of Plaintiff's and Plaintiff's witnesses' convictions is denied except that the jury will be advised that Plaintiff and his witnesses are or were incarcerated, that they were convicted of a felony, and that they were sentenced to a term of more than one year; and d. the request to admit evidence of Plaintiff's disciplinary history is denied unless Plaintiff opens the door. 2. With respect to Plaintiff's motions in limine: a. the request to preclude evidence of Plaintiff's conviction is granted as indicated above (Paragraph 1(c)); b . the request to preclude evidence of Plaintiff's disciplinary history is granted unless Plaintiff opens the door; c. the request to preclude Burnett from testifying is denied; and d. the request to preclude Drs. Mazarin and Ranade from te stifying that Plaintiff's injuries were or were not caused specifically by a baton is granted. 3. The foregoing in limine rulings do not, however, address the issue of whether Defendants may introduce evidence pertaining to the di scipline DOCCS imposed on Plaintiff as a result of the underlying events. The parties shall each, on or before October 7, 2022, serve and file letters supporting or opposing the admission of such evidence. 4. The parties shall me et and confer regarding the Court's directives and instructions concerning the Proposed Amended JPTO (Doc. 142), Proposed Joint Jury Charge (Doc. 137), Joint Proposed Verdict Form (Doc. 138), and Summary of the Case and file, by Octobe r 7, 2022: a. a Second Proposed Amended JPTO; b. an Amended Joint Proposed Jury Charge; c. an Amended Joint Proposed Verdict Form (or two separate Proposed Verdict Forms, as the case may be); and d. a Joint Letter Providing a Short Summary o f the Case to be read to potential jurors at the beginning of voir dire. 5. Binders and flashdrives containing exhibits shall be produced to the Court no later than October 24, 2022. 6. The Final Pretrial Conference in this matter shall proceed at 3:00 p.m. in Courtroom 520 of the White Plains Courthouse on October 24, 2022. The Clerk of the Court is respectfully directed to terminate the motion sequences pending at Doc. 139 and Doc. 143. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/27/2022) (tg)
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Filing
132
ORDER denying 131 Letter Motion for Extension of Time; denying 131 Letter Motion to Adjourn Conference. Application denied. The deadline for submission of a Proposed Joint Pretrial Order and the date and time of the Case Management Conference remain unchanged. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 131.SO ORDERED. (Signed by Judge Philip M. Halpern on 4/21/2022) (tg)
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Filing
129
MEMORANDUM OPINION AND ORDER re: 104 MOTION for Summary Judgment (notice of motion). filed by B. Sturtevent, A. Alban, N. Dapcevic. In light of the foregoing, Defendants' motion for summary judgment is GRANTED IN PART. The first claim for relief is dismissed to the extent it alleges Alban and Sturtevent used excessive force against Plaintiff. The first claim for relief shall proceed to trial, however, insofar as it alleges that Dapcevic used excessive force against P laintiff and that Alban and Sturtevent failed to intervene in the use of that force. The second claim for relief is dismissed as to all Defendants to the extent that it alleges that Defendants failed to protect Plaintiff from Reyes' initial s urprise attack. The second claim for relief shall proceed to trial, however, based on Defendants' purported failure to protect Plaintiff from Reyes second attack. The claims against the John Doe Defendants are dismissed without prejudice, sua sponte. The Court shall hold a Case Management Conference at 12:30 p.m. on May 4, 2022. At the time of the conference, all parties shall call: (888) 398-2342; access code: 3456831. The parties shall file, by April 27, 2022, a Proposed Joint Pretria l Order, in accordance with Rule 6(A) of this Courts Individual Practices. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 104 and terminate the John Doe Defendants as parties to this action. SO ORD ERED. (Telephone Conference set for 5/4/2022 at 12:30 PM before Judge Philip M. Halpern.), John and Jane Does 1-20 (All Individual Defendants in their Individual and Official Capacities ) terminated. (Signed by Judge Philip M. Halpern on 3/29/2022) (jca)
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Filing
95
ORDER granting 94 Letter Motion to Adjourn Conference. Application granted. Strict compliance with Rule 4(E) of this Court's Individual Practices is required. The conference currently scheduled for September 24, 2020 is adjourned sine die. The Clerk is respectfully directed to terminate the event at Doc. 94. SO ORDERED.. (Signed by Judge Philip M. Halpern on 9/18/2020) (ks)
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Filing
84
ORDER. It is hereby ordered that Defendants designate the documents as "Highly Confidential Material" and produce them to Plaintiff, subject to any appropriate objections, pursuant to the Stipulation of Confidentiality and Protective Order entered in this case on October 31, 2019. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 7/13/2020) (rjm)
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Filing
80
SCHEDULING ORDER: The conference scheduled for May 22, 2020 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy will be held through a teleconferencing service. Counsel shall call the following number at the time of the conference: Toll-Free Number: 877-873-8017. Access Code: 4264138. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 4/14/2020) (rro)
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Filing
79
ORDER: This matter has recently been reassigned to me. Due to a further conference scheduled before Magistrate Judge McCarthy and to allow the parties to continue engaging in discovery, the case management conference scheduled for May 1, 2020 is hereby canceled. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/13/2020) (ks)
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Filing
65
ORDER: It is hereby ordered that Defendants designate the documents as "Confidential Material" and produce them to Plaintiff, subject to any appropriate objections, pursuant to the Stipulation of Confidentiality and Protective Order entered in this case on October 31, 2019. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 11/18/2019) (rro)
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Filing
35
OPINION & ORDER: For the foregoing reasons, Defendant's motion to dismiss is granted in part and denied in part. The Court grants Plaintiff leave to amend the Complaint's Fifth Cause of Action in conformance with this opinion. The Clerk o f Court is respectfully requested to terminate Defendant Commissioner Annucci from this case in accordance Plaintiff's letter dated November 16, 2016. (ECF No. 27.) Plaintiff is directed to file an Amended Complaint in conformance with the abo ve on or before April 26, 2018. Failure to timely file an Amended Complaint will result in the dismissal of the Fifth Cause of Action. The remaining Defendants shall answer the Amended Complaint or seek a pre-motion conference on any potential mot ion to dismiss by May 17, 2018. An in-person Initial Pre-trial Conference is scheduled for June 1, 2018, at 11:30 a.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 218, White Plains, New York 10601. The parties shall confer in accordance with Fed. R. Civ. P. 26(f) at least 21 days prior to the conference and attempt in good faith to agree upon a proposed discovery plan that will ensure trial readiness within six months of the conference date. The parties shall also comp lete a Civil Case Discovery Plan and Scheduling Order, submit it to the Court, and bring it to the conference, and as further set forth in this order. (Amended Pleadings due by 4/26/2018. Pretrial Conference set for 6/1/2018 at 11:30 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman.) Anthony J. Annucci (Acting Commissioner of New York State Department of Corrections and Community Supervision (DOCCS)) terminated. (Signed by Judge Nelson Stephen Roman on 4/5/2018) (ap)
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